NEW YORK CRIMINAL POSSESSION OF A WEAPON – FOURTH DEGREE

Criminal Possession of a Weapon in the Fourth Degree (CPW 4th) is a class “A” misdemeanor in New York punishable by up to one year in jail. There are several ways one can commit the crime of CPW 4th. (There are also exemptions to the statute which will be discussed in future blogs). If you have been charged with a weapons offense, you need experienced criminal defense attorneys to defend you.

One is also guilty of CPW 4th if they knowingly possess a firearm, rifle or shotgun in a school or on school grounds including colleges and universities or in a school bus. [See NY Penal Law 265.01(3)]. Further, one convicted of a felony or serious offense may not possess a rifle or shotgun. [See NY Penal Law 265.01(4)]. Nor may a non-citizen possess a dangerous or deadly weapon. [See NY Penal Law 265.01(5)]. One is also guilty of CPW 4th if they have been certified not suitable to possess a shotgun or rifle and refuse to surrender such upon the demand of a police officer. [See NY Penal Law 265.01(6)].

Finally, one is guilty of Criminal Possession of a Weapon in the Fourth Degree if they possess a bullet containing an explosive material designed to explode on impact [See NY Penal Law 265.01(7)] or if they possess armor piercing ammunition with the intent to use it against another unlawfully. [See NY Penal Law 265.01(8)].

One response to “NEW YORK CRIMINAL POSSESSION OF A WEAPON – FOURTH DEGREE”

I live in NYS & have a B misdemeanor attempted crim posses of a weapon. This took away my gun rights. Recently I received a CRD which restored my gun rights but still got denied a shotgun. I filed for an appeal with NICS & I’m currently waiting. Any thoughts or insight ?